The general conditions and terms of sale will govern all orders placed by customers of SAS (Ltd Company), Castelbriantaise Plastics Corporation "PROMOPLAST" notwithstanding any provisions that might be specified on orders forms. Acceptance by the customer of these conditions is a tacit acceptance for all the terms and conditions; This acceptance supersedes any eventual conditions made by the buyer on the order form. Unless specifically indicated our sales are made in accordance with the Code of Practice of the films and plastic coatings, paper and cardboard industries.
Article 1 Offer and acceptance.
1.1 All offers are made without engagement.
1.2 Orders given directly to sales representatives or taken by them, as well as those given directly to commercial service, are subject to acceptance. The reception of the customer order is personal and can not be delegated to a third party.
1.3 The request to SCP PROMOPLAST to create an initial draft entails the payment of a 30 % deposit. The initial draft/ proof can only be initiated upon receipt of a correctly completed order form.
Article 2 Cancellation.
2.1 No cancellation will be accepted without the prior, express written consent of SCP PROMOPLAST.
2.2 In the case of events that may wholly or partly modify the contractual relationship, SCP PROMOPLAST reserves the right to adapt the contract to the new situation. Returns, that is to say the agreed reception of unsuitable goods, must meet the following conditions :
• Returns must be in their original packaging and postal charges are payable in advance by the client.
• Goods must be in perfect original condition.
• Goods which have been adapted or modified at the request of the client can not be returned or exchanged
2.3 SCP PROMOPLAST is not required to accept a cancellation unless the fault for the non-production of the goods is entirely of their fault.
2.4 SCP PROMOPLAST can never be held liable replacement beyond that of defective goods.
2.5 In the case of a cancellation of the order for reasons non attributable to SCP PROMOPLAST, regardless of the stage , the customer will be required to pay all costs incurred relating to the order. Notably the customer will be required to pay the costs of initial drafts , associated raw material costs,and amounts paid up front for any mock up or design work will in all cases be due to SCP PROMOPLAST. In addition, the deposit paid by the customer will be retained for compensation for loss.
Article 3 Production Time.
3.1 Production times are given for guidance only, the starting point is the approval of the mock up without modification and they indicate an average time of production.
3.2 In the case of a reasonable delay, SCP PROMOPLAST can not be held liable.
3.3 In the event of any changes to orders, CPS PROMOPLAST can no longer be held to any previuosly given production times.
Article 4 Delivery.
4.1 Goods from CPS PROMOPLAST including within France are transported under the responsability of the client.
4.2 The client must inspect the delivery and in the case of missing goods, damage or delay,report this to the carrier. Any faults found with the goods should be noted on the delivery sheet and the sheet returned by registered post.
4.3 No claims will be accepted after a period of fifteen days following the date of delivery.
4.4 Goods invoiced and stored in our warehouses and workshops are stocked at the risk of the client.
Article 5 Trademarks and other intellectual property rights.
5.1 All models or images supplied to SCP PROMOPLAST which have protected rights must be accompanied by a proof of ownership or a certificate of the right to use, in this case the customer agrees to absolve SCP PROMOPLAST of all claims by third parties relating to ownership or the validity of transfer of publication rights, prior to and following signature of the relevant order.
5.2 In the case where the client's rights, as determined in section 5.1,are challenged by a third party, and that the responsibility of the CPS PROMOPLAST is brought into question, the customer will be required to guarantee SCP PROMOPLAST against all claims without exception or reservation, and upon demand, to compensate any prejudice suffered by SCP PROMOPLAST .
Article 6 Payment Terms.
6.1 At the time of order the customer must provide SCP PROMOPLAST with it's bank details (IBN) Unless otherwise specified, the regulations are payment upon receipt of invoice by cash, check or bank transfer. In case of payment by bill, invoices are payable thirty days from the end of the month of invoicing. The rejection or refusal of payment or a seizure of the clients capital will automatically, without recourse to legal proceedings, result in:
• Either the forfaiture of agreed payment terms and immediate payment of all sums and costs and expenses due to SCP PROMOPLAST
• Or the nullification of all outstanding contracts , the keeping of any advance payments and retention of any elements that may have been assigned to SCP by the client, just until further agreement.
6.2 In the event of default by the customer, or in the event that the agreements made by and with the CPS come for any reason whatsoever, to be delayed or cancelled, CPS PROMOPLAST reserves the right to suspend all delivery and request payment prior to delivery.
6.3 Failure to pay as stipulated will entail, regardless of the agreed payment method, , the application of interest calculated on a basis that can not be less than three times the legal interest rate. In addition, in accordance with Article 1226 of the Civil Code the customer agrees to pay as compensation a penalty, an increase in the amount due equal to 15% of the outstanding amount and any associated legal fees.
6.4 Counter claims made by the client do not engender the right to suspend the payments nor to apply compensation.
6.5 Non-payment of a single payment due will result in the total amont being payable immediately, without legal recourse.
6.6 The costs of any debt collection will be borne by the customer. From 1 January 2013, in the case of a delay of more than 40 days in payment due, a flat rate sum of 40 € for "cost recovery" will be added to the fees, due to the creditor. If the recovery costs actually incurred are higher than the flat rate sum, additional compensation may be requested of the debtor. Justifiaction will be supplied.
Article 7 Quantities and tolerance.
7.1 CPS PROMOPLAST, which manufactures and prints custom made bags, undertakes to deliver the quantities ordered subject to a tolerance of 10% for quantities of more than 10 000 units of 15% for 5100 to 10000 units of and 20% for less than 5 100 units. This tolerance is expressly accepted by the customer, the amount charged will be for the quantity actually delivered. This tolerance also concerns in the same proportions advertising objects and PVC holders .
7.2.1 Dimensional tolerances:
The client accepts the following dimensional differences:
a. Paper and paper combinations:
Bags: In length and width: ± 4mm.
For sizes ≥ 90 mm ± 3%
Coils: In width: ± 3mm
Formats: In length: ± 5mm. Width: ± 5mm
b. Films and polyolefin holders:
Film: In width, size ≥ 90 mm: ± 10mm. Length: ± 15mm
Flat holders, sacks and bags without bellows: In width dimension ≥ 90 mm and over: ± 10mm.
Length: ± 15mm
Holders and gusseted bags: In width, size ≥ 90 mm ± 10 mm.
Length ± 10mm
7.2.2 Tolerances weight and thickness:
The buyer accepts weight and thicness differences under the same conditions as those SCP PROMOPLAST, due to the reception conditions upon delivery from the material manufacturer. Excepting special conditions, the following tolérances apply:
Paper in relation to the agreed weight:
- <39 g/m2: ± 8%
- From 40 to 59 g/m2: ± 6%
-> 60 g/m2 ± 5%
Low and high density polyethylene and other plastic and bio-films compared to the agreed thickness:
- Up to 15 μ ± 10%
- 15 μ and ± 5%
Article 8 Quality.
CPC PROMOPLAST promises to produce it's products according to the specifications provided in the acceptance sheet. The client needs to have mentioned all instructions and features required for the production of the product (size, properties, material, text, graphics, layout, colour in general all the elements that must appear on the final product .The customer agrees to accept the colour difference between the mock up and the finished product due to the difference in printing techniques.
Article 9 Force Majeure.
CPC PROMOPLAST can not be held liable for delays or failure to meet it's obligations if caused by strike, fire, machine breakdown, war,riot, natural disasters and any other cause beyond its control, including any event of force majeure.
Article 10 Legal Obligations.
Parties agree to try settle amicably all disputes arising from the interpretation and / or execution of these terms of sale. In case of dispute of any kind, exclusive jurisdiction is given to the designated court in the region of the head office of SCP PROMOPLAST, namely the Commercial Court, Nantes, (Tribunal de commerce, Nantes) even in case of appeal or if their are multiple defendants.
Article 11 Retention of property.
All goods remain the property of SCP PROMOPLAST until receipt of payment in full. Equally SCP is authorised at any given time to repossess goods delivered but not paid for in full. The exercise of this right does not prevent SCP PROMOPLAST from demanding payment. The transfer of responsability takes place upon provision of goods to the customer.
Article 12 Label and Logo.
Any product sold by SCP PROMOPLAST includes SCP label and logo, unless request to the contrary in writing by the client, in accordance with Article 2, paragraph 2 of the Act of 29 July 1881.
Article 13 Copy of the terms and conditions of sale.
The client acknowledges having received a copy of these terms of sale.